GENERAL SALES AND DELIVERY TERMS

Unless otherwise agreed in writing the following sales and delivery terms (“Terms”) shall apply for all sales of products and services in relation hereto (“Products”) supplied to a buyer (“Buyer”) by Direct Hardware Supply ApS, Busines reg. DK32783643, Jellingvej 26, 9230 Svenstrup J, Denmark (“DHS”).

1. TRADE POLICY

1.1. We deal exclusively with business-to-business sales. Consequently, all prices in our webshop, product- and price lists etc. are exclusive of VAT.

2. ORDER AND CANCELATION

 2.1. All orders submitted to DHS in our webshop or otherwise shall be binding upon DHS’ written confirmation hereof. Upon receipt of an order, the Buyer will receive an email confirmation.

2.2. Notwithstanding section DHS may without legal consequences cancel an order, if DHS is unable to deliver the Products.

3. DELIVERY AND DELAY

3.1. Delivery shall be in accordance with INCOTERMS 2021 Ex Works at DHS’ address Jellingvej 26, 9230 Svenstrup J, Denmark.

3.2. The date of delivery shall be set out in DHS’ confirmation of order in accordance with section . We estimate the following delivery times:

     (1)Denmark: 1-2- business days

     (2)Other EU countries: 2-5 business days

     (3)Non-EU countries: 4-7 business days

3.3. The Products are transported via an independent carrier, e.g. UPS, GLS, DHL, FedEx or TNT.

3.4. Please note that delays caused by courier services are beyond our control.

3.5. Some items, such as batteries, may face restrictions due to regulatory changes, potentially affecting delivery locations.

4. PRICES AND PAYMENT

4.1. All prices are listed in DKK and EUR exclusive VAT and other service charges or taxes if applicable.

4.2. DHS accept the following payment methods: Visa, MasterCard, PayPal and bank transfer.

4.3. If the payment is via bank transfer, the Products will be shipped only after payment is received. If the payment is via payment card, PayPal etc., the payment will be withdrawn from the account upon shipment of the Products.

4.4. Bank transfers and PayPal transactions are not covered by chargeback schemes.

4.5. Any local charges, including customs duties and sales taxes, may apply based on the Buyer’s region's import laws and regulations. The responsibility for any import-related fees rests entirely with the Buyer. DHS strictly adhere to customs policies and will not modify or lower the declared value of a package to help avoid additional costs.

5. EXPORT CONTROL AND SANCTIONS

5.1. The Buyer is responsible for ensuring compliance with relevant export control regulations. Our products may be subject to U.S., EU, or UN sanctions.

5.2. Direct or indirect transfers to restricted countries or entities (e.g., North Korea, Iran, Russia or Belarus) are prohibited.

5.3. By placing an order, the Buyer confirm the Buyer’s compliance with these restrictions.

6. RETENTION OF TITLE

6.1. All products supplied under an order are subject to retention of title. We retain full legal ownership and all associated rights to each product, even after delivery and while the product is in your possession or use.

6.2. This retention of title will remain in effect until full payment for the product, including any applicable interest, costs, and expenses, has been received.

7. PRODUCT SPECIFICATIONS

7.1. DHS’ inventory consisting of refurbished or pre-owned equipment undergoes comprehensive testing.

7.2. Specifications and photos provided are indicative only and deviations are possible.

8. WARRANTY

8.1. All products are covered by a one (1) year warranty starting from the date of purchase, unless otherwise specified.

8.2. This warranty applies to defects in materials or workmanship that occur under normal usage conditions.

8.3. The Buyer is required to inspect the ordered products promptly upon delivery without undue delay.

8.4. If a defect is reported but does not exist or cannot be reproduced, DHS reserve the right to charge the Buyer for any time and materials spent addressing the claim.

8.5. The warranty does not cover any damage caused by misuse, accidents, unauthorized modifications, or repairs. It is limited to the replacement or refund of the product’s purchase cost and does not cover indirect or consequential damages, such as lost profits, data loss, or other economic losses.

8.6. DHS is not responsible for defects and flaws covered by a warranty issued by the manufacturer.

9. RETURNS

9.1. Please contact us first by email (info@directhardwaresupply.com) to initiate the return process

9.2. Once we have approved the return request, we will issue a Return Merchandise Authorization (RMA) number along with detailed shipping instructions via email. The Buyer will have 14 days from the date of receiving the RMA to return the product to us. Please note that we reserve the right to decline the return if the product is received outside this 14-day window.

9.3. The RMA number must be clearly displayed on the packaging of the returned item.

9.4. Upon approval of the claim, we will provide a replacement product of the same type and condition (non-defective). If a replacement is unavailable, we will issue a refund for your payment.

9.5. Returns are at the expense and risk of the Buyer.

10. PRODUCT LIABILITY

10.1. To the fullest extent permitted by Danish law, we disclaim any liability for injuries to individuals or damage to property resulting from the ownership, possession, or use of the Products.

11. LICENCE RIGHTS

11.1. The sale by DHS of parts, components and/or materials does not entitle the Purchaser or the Purchaser’s customers to a licence for any patent or exclusive rights to any combination, machinery or process in which the sold parts, components or materials are or may be used.

11.2. Software licenses are sold according to the Software Vendor’s Terms & Conditions. DHS disclaim any compensation or claims regarding software licenses.

12. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

12.1. Should action be taken against the Buyer regarding Products supplied by DHS that constitute a direct infringement of a Danish patent or intellectual property rights, DHS undertakes to indemnify the Buyer for any claims relating to a judgement or settlement, and the cost of any legal proceedings, provided that all of the following criteria are fulfilled:

     (1)The Buyer must immediately notify DHS of the proceedings in writing,

     (2)DHS has sole management of the case and all negotiations concerning the case judgement or settlement, and

    (3)The Purchaser agrees that DHS, at its own expense, can choose either to obtain the right for the Buyer to continue using the supplied products, or to exchange/replace said products, in such a way that they no longer constitute an infringement.

12.2. Notwithstanding the above, DHS cannot be held liable if Products are designed to the Buyer’s specifications, or if the infringement cannot be directly attributed to the Products, but rather to the Buyer’s specific use thereof.

12.3. Furthermore, DHS does not undertake responsibility for action taken after the Buyer has become aware of the possible infringement. Any further liability on the part of DHS is ruled out and, in particular, DHS may not be made responsible for consequential damages.

13. FORCE MAJEURE

13.1. DHS shall not be liable for any delays in delivery or failure to perform or other loss due directly or indirectly to unforeseen circumstances or causes beyond DHS’ reasonable control including, without limitation: Uprisings, unrest, war, fire, governmental orders, strikes, lockouts, work slowdowns, transportation shortages, goods scarcity, illness, supplier delays or failures, accidents during production or testing, or power outages.

13.2. During such events, all rights of the Buyer are suspended or voided. In cases of cancellation or delay due to force majeure, the Buyer is not entitled to seek damages or pursue any other claims against DHS.

14. PERSONAL DATA

14.1. We process personal data in accordance with our privacy policy.

15. INVALIDITY AND SEVERABILITY

15.1. If any of the provisions in these Terms shall be found invalid or unenforceable, the invalidity or unenforceability shall not affect the other provisions of the Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

16. DISPUTES AND GOVERNING LAW

16.1. These Terms and the rights and obligations hereunder shall be construed in accordance with and be governed by the substantive laws of Denmark.

16.2. Any disputes arising from or in relation to these terms shall be settled by the Danish Courts at the Court of Aalborg.